View full sizeA dispute that has dragged on for years between the city of Westlake and its former fire chief, Richard Pietrick, is scheduled to be heard by the Ohio Supreme Court on Wednesday.Plain Dealer file photo

WESTLAKE, Ohio -- The Ohio Supreme Court will become the latest judicial body to weigh in on a case that began after Westlake demoted its then-fire chief, Richard Pietrick, in 2007.

Oral arguments in the case before the high court are scheduled for Wednesday. Each side is to get 15 minutes to argue its case.

The city appealed that ruling to the 8th Ohio District Court of Appeals, which determined in December 2012 that the trial court was within its rights to alter the punishment. However, the appeals court denied Pietrick's request that he be reinstated as chief.

The trial court referred to "grossly poor judgment" exhibited by Pietrick, but also noted that "...other facts suggest that the discipline meted out was excessive. Firstly, there was no written work rules or policies in place that were violated. No prior complaints had been lodged. No specific directives or guidelines discouraging such practices were ever issued. Department Mechanics were not expressly told by [Pietrick] they were required to perform the repairs in question. No negative work action was ever taken against any one of them for not fulfilling [Pietrick's] requests. Finally, when a complaint was formally lodged by the union, [Pietrick] readily promised to cease the practice and offered to meet with the union to discuss the matter in greater detail."

Pietrick had been a member of the Westlake Fire Department for more 25 years and chief for about 12 when he was demoted. According to appeals court records, he had an unblemished record before the repairs issue surfaced. However, the court said, Mayor Dennis Clough had been unhappy with Pietrick's leadership and had asked for his resignation earlier, but Pietrick refused.

A consultant for the city, McGrath and Associates, found that the fire department in 2005 was dysfunctional. The report recommended that Pietrick change his management style. A second McGrath report in 2006 found that "Although some rank and file reported improvement, McGrath concluded, 'It was obvious to the Consultants that communications between the rank and file and Fire Department administration have not shown any significant improvement,'" according to court records.

Pietrick's lawyers have said in court filings that his request for help on his personal vehicles was part of a firehouse culture of firefighters helping each other and that during the five or six instances over six years, no firefighter-mechanic was ordered to coerced to help the chief.

In January 2013, Westlake asked the Supreme Court to stay the appeals court decision affirming Pietrick's reinstatement to captain, with back pay and benefits. The high court denied that request and a subsequent one. But in June of last year agreed to hear the broader case after initially declining. Westlake, represented by Law Director John Wheeler, had asked the court to reconsider.

The Ohio Municipal League last February filed a "friend of the court" brief on behalf of Westlake and urged the court to accept jurisdiction over the case, saying it involves matters of public interest because it addresses a municipal corporation's rights in disciplining employees not covered by a collective bargaining agreement.

Wednesday's oral arguments are scheduled to be streamed live online at the Supreme Court website beginning at 9 a.m.

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